Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls’s theory of justice was famously criticised by Robert Nozick, who in turn attracted an influential critique from G. A. Cohen. The story of these critiques is well known, but this article tells it in an unfamiliar way. The common theme in Nozick’s and Cohen’s arguments, I contend, is (...) that there is a way of thinking about social justice that focuses not primarily on institutions, but rather on interpersonal relationships. I call this idea small justice. Justice, on this view, is identified with whatever institutions would arise through a process of social evolution from ethical interpersonal dealings repeated consistently over time. (shrink)

In this book, Silin maps the common ground between early childhood and the period sociologists call "young-old age." Emphasizing the continuities that bind children and adults rather than the differences that traditional developmental psychology claims separate us, he focuses on the themes we all manage across a lifetime. Building on memoir and narrative, Silin argues that when we recognize how the concerns of childhood continue to thread their way through our experience, we look anew at the shape of our lives. (...) This book highlights the powerful generative acts through which people of all ages find new meanings and relationships to compensate for the individual and social losses that mark our lives. (shrink)

Osteoporosis is characterized by reduced bone density and strength. Bone mass peaks between age 30 and 40 and then declines. This can be accelerated by factors including menopause and insufficient dietary calcium. Hormone replacement therapy (HRT) is currently the standard treatment for osteoporosis. However, growing concern over potential side effects of HRT has driven a search for alternative therapies. A recent report1 reveals a potential alternative to HRT: a gender‐neutral synthetic steroid that increases bone mass and strength without affecting reproductive (...) organs. This compound acts via a novel extranuclear sex steroid receptor signaling mechanism that has important implications for nuclear receptor biology and human health. BioEssays 25:195–199, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

The attitudes of patients' to consent have changed over the years, but there has been little systematic study of the attitudes of anaesthetists and surgeons in this process. We aimed to describe observations made on the attitudes of medical professionals working in the UK to issues surrounding informed consent.

The executive hypothesis of self-regulation places cognitive information processing at the center of self-regulatory success/failure. While the hypothesis is well supported by cross-sectional studies, no study has tested its primary prediction, that temporary lapses in executive control underlie moments of self-regulatory failure. Here, we conducted a naturalistic experiment investigating whether short-term variation in executive control is associated with momentary self-regulatory outcomes, indicated by negative affect reactivity to everyday stressors. We assessed working memory capacity (WMC) through ultra-brief, ambulatory assessments on smart (...) phones five times per day in a 7-day ecological momentary assessment (EMA) study involving college-aged adults. We found that participants exhibited more negative affect reactivity to stressor exposures during moments when they exhibited lower than usual WMC. Contrary to previous findings, we found no between-person association between WMC and average stress reactivity. We interpret these findings as reflecting the role of executive control in determining one’s effective capacity to self-regulate. (shrink)

This paper reviews the AWARE(TM) software distributed by the Electric Power Research Institute (EPRI). The program is designed to facilitate the Federal Energy Regulatory Commission (FERC) license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE(TM). The principal legal impetus for AWARE(TM) is the Electric Consumer Protection Act (ECPA) of 1986 that directs FERC to give equal consideration to power and non-power resources during relicensing. (...) The software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE(TM) does little to further ECPA's equal consideration requirement. We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE(TM). (shrink)

This book provides the first systematic, book-length defence of natural law ideas in ethics, politics and jurisprudence since John Finnis's influential Natural Law and Natural Rights. Incorporating insights from recent work in ethical, legal and social theory, it presents a robust and original account of the natural law tradition, challenging common perceptions of natural law as a set of timeless standards imposed on humans from above. Natural law, Jonathan Crowe argues, is objective and normative, but nonetheless historically extended, (...) socially embodied and dependent on contingent facts about human nature. It reflects the ongoing human quest to work out how best to live flourishing lives, given the natures we have and the social environments we inhabit. The nature and purpose of law can only be adequately understood within this wider context of value. Timely, wide-ranging and clearly written, this volume will appeal to those working in law, philosophy and religious studies. (shrink)

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As a result, we (...) should reject these claims, and lay the foundations of decision theory on firmer ground. (shrink)

This paper explores methodological connections between the existentialist and natural law traditions, with particular emphasis on the writings of Jean-Paul Sartre and John Finnis. Existentialist approaches to phenomenology hold promise in illuminating the epistemological foundations of natural law accounts, especially those emphasising human self-fulfilment through practical choice. Some methodological challenges common to projects in the fields of existentialist ethics and natural law are discussed. It is suggested that an existentialist perspective holds potential in reinforcing contemporary natural law responses to the (...) so-called 'fact-value distinction'. Such an approach affords a promising methodological structure for investigating the pre-moral foundations for social judgements of ethical significance, thereby providing qualified support for the type of natural law theory advocated by Finnis. (shrink)

Volume 10, Issue 2, June 2019, Page 237-245.

The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook and the more specific views (...) of individual authors. It begins by discussing the place of the new natural law theory within contemporary natural law scholarship. It then offers an account of the core elements of the new natural law framework that emphasises their compatibility with a range of ethical and philosophical viewpoints. (shrink)

Philosophers continue to be sceptical about the possibility of constructing an existentialist ethical theory. This article explores two of the main reasons for this scepticism and draws on Jean-Paul Sartre's "Existentialism and Humanism" to suggest that there is a way around them.

This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for (...) the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims. (shrink)

This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this instrumental-value theory explains the value of (...) integrity more satisfactorily than Dworkin's inherent-value account. The article concludes with a discussion of Dworkin's 'one right answer thesis'. Although the proposed theory of integrity does not support a strong version of Dworkin's thesis, it does suggest that there will be a single correct answer to legal questions more often than for normative deliberation generally. (shrink)

This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers (...) a valuable resource for scholars in law, philosophy, religious studies and related fields. (shrink)

The principle of government neutrality, as commonly understood, enshrines the idea that government bodies ought to treat all citizens equally. I argue that the traditional interpretation of this principle in liberal constitutionalism has involved a prohibition against legal actors distinguishing between subjects on the basis of their personal characteristics. This approach is unsatisfactory, as it constrains the law's ability to respond to evolved social practices of discrimination. To illustrate this point, I draw on the writings of Jean-François Lyotard and recent (...) judicial decisions on the First Amendment to the United States Constitution. (shrink)

This article engages with Desmond Manderson's recent book, Proximity, Levinas and the Soul of Law. I begin by examining a vexed topic in Levinas scholarship: namely, the very possibility of a Levinasian legal theory. Manderson makes a constructive and, I think, important contribution to this question, insisting that Levinas does not require us to segregate the domains of ethics and law, as some interpreters have suggested. This basic issue provides us with a springboard to explore two other themes in Manderson's (...) reading of Levinas. The first concerns the relationship between self- and other-oriented approaches to ethical and legal discourse; the second, the role of ethical experience in informing and shaping judicial reasoning. (shrink)

Mediation is becoming more and more prominent as a mode of legal dispute resolution. The problem of legitimacy in mediation raises the question of why mediation is legitimate as a means of settling social disputes. This issue mirrors a long-running and deep-seated problem of legitimacy in law generally. We argue that the most promising strategy for justifying the normative force of law - namely, that law provides a mutually beneficial mechanism of social coordination - does not translate straightforwardly to the (...) mediation context. A distinctive response to the problem of legitimacy in mediation is therefore needed. The consensual nature of mediation may render it legitimate in some contexts, but it is unlikely to do so in others. Our conclusion is threefold: the problem of legitimacy in mediation exists; it is distinct from the problem of legitimacy in law generally; and the problem is more intractable than is generally thought. (shrink)

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...) L. A. Hart, that propose a systematic distinction between legal and moral species of obligation. (shrink)

‘No trace anywhere of life’, Samuel Beckett says, ‘pah, no difficulty there, imagination not dead yet, yes, dead, good, imagination dead imagine’.1 Imagination oscillates in Beckett’s dense text be...

The role of responsible leadership—for each leader and as part of a leader’s collective actions—is essential to global competitive success (Doh and Stumpf, Handbook on responsible leadership and governance in global business, 2005 ; Maak and Pless, Responsible leadership, 2006a . Failures in leadership have stimulated interest in understanding “responsible leadership” by researchers and practitioners. Research on responsible leadership draws on stakeholder theory, with employees viewed as a primary stakeholder for the responsible organization (Donaldson and Preston, Acad Manag Rev 20(1):65–91, (...) 1995 ; Freeman, Strategic management: a stakeholder approach, 1984 ; Mitchell et al., Acad Manag Rev 22:853–886, 1997 ; Phillips and Freeman, Stakeholder theory and organizational ethics, 2003 . We define and operationalize responsible leadership from the perspective of employees and their views of the actions of their leaders. Drawing on a comprehensive survey of 28 Indian and global organizations operating in India, we report the results from 4,352 employees on the relationship between responsible leadership, their pride in and satisfaction with their organization, and retention 1 year later. Strong associations were found among these variables suggesting that responsible leadership—employee perceptions of the support they receive from managers, the HR practices, and corporate socially responsible actions—may be an overarching construct that connects them to the organization. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

The dominant theoretical approach to the prohibition of exclusionary conduct in competition law distinguishes exclusionary conduct from normal competitive conduct based on their economic outcomes....

ABSTRACT The study of voter competence has made significant contributions to our understanding of politics, but at this point there are diminishing returns to the endeavor. There is little reason, in theory or in practice, to expect voter competence to improve dramatically enough to make much of a difference, but there is reason to think that officials? competence can vary enough to make large differences. To understand variations in government performance, therefore, we would do better to focus on the abilities (...) and performance of officials, not ordinary citizens. (shrink)